Imbalanced reporting concerning Terri Schindler Schiavo
More than a Right-To-Die Case...
(PRWEB) January 23, 2004
Something is not right? Something is amiss.
I understand the legal system, in the Pinellas County of the State of FLorida wish to remain "politically balanced", however, it takes a person of great strength and moral character to stand aside his/her peers and say "something ISNT right with this case...this is MORE than a right-to-die issue." Unfortunately, no judges are willing to stand up for what is just in Pinella's County Florida.
Continually the judges have refused to hear testimony from caretakers and medical evidence that suggests possible foul play was involved in the collapse of Ms. Schiavo. They have refused to acknowledge that a conflict of interest is apparent in the motive for Michael Schiavo to wish his wife dead.
Instead, they rely on his testimony, and those of the husband, Michael Schiavo, and his family members, (on hearsay statements) that Ms. Terri Schiavo stated she would not wish to remain in a non functioning state. This is clearly unjust when no written directive exists and was presented years later into her condition.
Some more facts to ponder that the judges refuse to take into consideration:
FACTS:
1) Bone scans and medical records from 1990 indicate severe trauma, numerous broken bones; no criminal investigation has ever been conducted. Michael Schiavo had those records SEALED for years and only recently came to light for the family. A review of these records by top US Forensic Pathologist Michael Baden concluded that a criminal investigation should be conducted.
2) Michael Schiavo defrauded the courts by promising to care for Terri for the rest of his life and then used the jury awarded $700 thousand specifically designated for Terri's rehabilitation for his own personal gain and to end Terri's life. This also violates Fl Statute. 825.103 "Exploitation of an elderly person or disabled adult" which prohibits the misuse of a disabled person's funds by the guardian.
3) Further, Section (2)(a) states that If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4)The Americans with Disabilities Act (ADA), 42 U. S.C. Sections 12101 provides that necessary and appropriate rehabilitation services and physical/motor skill therapy may not be denied a substantially disabled patient in the United States of America.
5) Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 States "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual."
6)Failure to Discharge His Duties under FS § 744.474 (2) requires that the guardian protect the rights of the ward, provide for her health and safety, properly manage her financial resources and help her regain her abilities to the maximum extent possible.
7)The initial move to Hospice was done in violation of the annual plan and without court permission in violation of FS § 744.3215(4)].
8) Terri has the right to receive visitors and communicate with others. FS § 744.3215
9) Terri has the right to receive "palliative care" which is the comprehensive management of the physical, psychological, social, spiritual, and existential needs of the patient. FS. § 765.102.
10) In 1990, Michael took Terri to San Francisco for experimental medical treatment, without the necessary prior approval of the Court. FS. § 744.3215(4).
11) The guardian is required by law to prepare and present an annual plan. FS § 744.3675.Repeatedly, the annual plans have been filed late or not at all
12) In his annual reports, Schiavo has failed to prepare and present any plan for the provision of medical, mental health, and rehabilitative services in the coming year as required by FS §744.3675 (1)(b)(3)
13) The Adult Protective Services Act (Chapter 415 of the Florida Statutes) affords protection to disabled persons from abuse, neglect and exploitation
14) Fla. Stat. § 415. 102(1)(2002). Schiavo’s isolation of Terri and refusal to provide adequate physician attention, rehabilitative services, dental care and other medical services constitutes abuse under the Adult Protective Services Act as well as the guardianship statutes.
15) Schiavo’s decision to hold Terri at Hospice after it was clear that she was not "terminal" within Medicare guidelines was an improper use of the ward’s assets. In order to receive federal payment for hospice care, the facility must obtain a certification from the attending physician within two calendar days of initial admission that the patient’s "prognosis is for a life expectancy of 6 months or less if the terminal illness runs its normal course." 42 C. F.R. § 418.22 (2001) Terri has been in Hospice 3 years.
16. A simple, gravity-operated feeding tube is used by hundreds of thousands of Americans for various reasons and should not be considered "artificial life support."
17. Provision of food and water are basic necessities to which all patients are entitled. In the absence of an express written directive to the contrary, a patient should be presumed to want to receive food and water.
18. Because of the danger of ulterior motives, an incapacitated person's life should not be ended based on the hearsay statements of others who have conflicts of interest, in this case a husband who for years has been living with another woman by whom he has fathered two children.
19. A brain-injured person's life has meaning and value, and society has no business ending a life based on a quality of life determination.
Unfortunately, the judges presiding over the case will not look into the circumstances surrounding the actions of Michael Schiavo as they are "blind" to the real issue. Fact is, they claim the real issue is the "right to die" decision when in fact, they have continually ruled improperly when Ms. Schiavo DID NOT have any wishes in writing. Due to that, the wishes to have her life terminated should never have come this far into the courts. It should of been thrown out, years ago.
In closing, I would respectfully honor any website; news article; or published work that recognizes the REAL issues and circumastances surrounding this case that the media wishes to keep well hidden for "political balance".
Will the people of Florida stand behind what is morally right and insist that their judicial system recognize that this is much more than a right to die issue? Or will they turn a blind eye and say this is a desperate attempt on the family of Ms. Schiavo to have their child returned? Can one blame the Schindlers for wanting their daughter returned to their loving care? I can hardly doubt that anyone should object...unfortunately...there are those that object..starting with Judge Greer and all the other Judges presiding over this case. If that does not scream "political bias among ones peers", I do not know what does....and to further make this situation a tragedy...a human life is at stake. Shame on the judges of Florida.
Written by:
Cynthia L. Caron
26 Noyes Road
Londonderry, NH 03053
Advocate Leader; SaveTerriSchiavoGroup@AOL
Email: Fight4Terri08@aol. com
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